The debtors requested a temporary waiver of the requirements to obtain credit counseling based on exigent circumstances as the male debtor was seriously ill and the female debtor was required to render constant care to her husband. Because the debtors failed to establish either that they obtained approved credit counseling education before filing their petition or made a request to an approved agency for such a course which was not available to them within seven days of making such request, as is explicitly required by § 109(h), they were not eligible to be debtors in the case. The court further concluded that the provisions of § 109(h)(4) did not permit the court to waive the requirement.
File:
Judge:
Date:
Friday, January 25, 2013
Category:
Chapter 7 Issues
Credit Counseling
Eligibility
Chapter:
7